QUESTION
In North Carolina can divorce go through sooner than a year when spouse has criminal record?
Asked on Apr 03rd, 2017 on Divorce - North Carolina
More details to this question:
Was arrested for heroin possession last year in June. Kicked him out in August after he went through therapy and was still using. Courts said probation for a year observation for six months last August. I am paying for all of his stuff because my name is on his stuff as well. Want to get a divorce as well as remove my name from all of his stuff and his name removed from my asap. I am raising our 6 year old daughter by myself. He took her on drug deals with him before I was aware he was doing heroin. He has a girlfriend, and is still using pot. Acting out of norm when he does visit his daughter which is rare. Eyes not normal size and scratching all over and talking non stop. Can we go through with divorce before August.
1 ANSWER
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In North Carolina, you cannot speed up the 1 year waiting period for divorce based on separation. So the criminal record would have no impact on how quickly you can get divorced. However, you may file for what is known as a Divorce from Bed and Board, which is a fault based action that will create a legal separation but does NOT create an actual divorce. It does however sever a number of the at-fault party's marital rights.
You should also strongly consider taking some steps to protect your child if you have not already. Father's drug abuse and exposing the child to drug deals could meet the requirements to establish an emergency child custody action, or at least a temporary parenting arrangement. Hope this helps.
Answered on Apr 10th, 2017 at 1:39 PM